Full DC appeals court to decide on Obama carbon-cutting plan
WASHINGTON (AP) — The full appeals court in Washington will hear arguments in the legal fight over President Barack Obama's plan to curtail greenhouse gas emissions, potentially accelerating the case's path to the Supreme Court.
A three-judge panel had been scheduled to hear the case June 2, but whichever side lost was considered likely to seek a review by the full appeals court.
More than 100 conservative advocacy groups, electric utilities and coal mining companies have also filed suit.
The Supreme Court voted 5-4 earlier this year to delay implementation of the plan until the legal challenges are resolved, but that vote was taken prior to Scalia's death.
Republicans leaders in the U.S. Senate have promised not to vote on Garland's nomination until after a new president is elected in November, leaving the Supreme Court split 4-4 between conservatives and the more moderate and liberal justices.